Amendments to Sign Ordinance Ordinance No. 2006-046-PZ

AN ORDINANCE TO AMEND ARTICLE XI SIGN

REGULATIONS CONTAINED IN CITY OF TRUSSVILLE

ZONING ORDINANCE NUMBER 2000-034-PZ, AS AMENDED

BE IT ORDAINED by the City Council of the City of Trussville that Article XI

Sign Regulations as contained in the City of Trussville Zoning Ordinance No.

2000-034-PZ, as amended, are amended and replaced as follows:

SIGN REGULATIONS

Section 1.0  Purpose and Intent

The purpose of this Article is to achieve balance among the following differing, and at times, competing goals:

A.  to encourage the effective use of signs as a means of communication for businesses, organizations and individuals in the City of Trussville;

B.  to provide a means of way-finding in the community, thus reducing traffic confusion and congestion;

C.  to provide for adequate business identification, advertising, and communication;

D.  to prohibit signs of such excessive size and number that they obscure one another to the detriment of the economic and social well-being of the city;

E.  to protect the safety and welfare of the public by minimizing the hazards to pedestrian and vehicular traffic;

F.  to differentiate among those signs that, because of their location, may distract drivers on public streets and those that may provide information to them while they remain in their cars but out of active traffic;

G.  to minimize the possible adverse effects of signs on nearby public and private property;

H.  to prohibit most signs with commercial messages in residential zoning districts, while allowing those commercial messages that relate to commercial activities lawfully conducted on individual properties within such districts;

I.  to provide broadly for the expression of individual opinions through the use of signs on private property;

J.  to prohibit new billboards in the city.

Section 2.0  Definitions Applicable To Signs

The following definitions are applicable for the purpose of the Sign Article of this Ordinance.

A.  Awning/Canopy Sign. Lettering and/or logo printed upon or attached to a building awning or service station canopy. See illustration Appendix.

B.  Banner. Any sign of lightweight fabric or vinyl, or similar material temporarily mounted to a building or fence at one or more edges. National flags, state or municipal flags or the official flag of any institution shall not be considered banners. See illustration Appendix.

C.  Billboard Sign. Any off-premises outdoor advertising sign that is owned by a person, company or legal entity that engages in the renting or leasing of advertising space on signs for dissemination of information or for a business, service, commodity, activity, or entertainment at a location other than the premises on which said sign is located. This definition shall not include signs erected or maintained by the State of Alabama Department of Transportation or by an entity authorized by the State providing direction or information to the traveling public.

D.  Building Face. All window and wall area of a building in one elevation exposed to public view. In the case of attached units with separate exterior entrances, such as in a shopping center, building face shall be apportioned to each unit.

E.  Bulletin Board Sign. A portion of an on-premise sign containing general information or announcements of events or activities occurring at a business, institution or similar messages. Not to exceed 30% of the sign face. See illustration Appendix.

F.  Business Sign. A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to entertainment conducted on the premise.

G.  Canopy/Awning Sign. Lettering and/or logo printed upon or attached to a building awning or service station canopy. See illustration Appendix.

H.  Changeable Copy Sign (Electronic). A sign board that is designed so that characters, letters, or illustrations can be electronically changed or arranged without altering the face or the surface of the sign, or a sign face that utilizes rotating vertical or horizontal panels or other moving parts to change the message. See illustration Appendix.

I.  Changeable Copy Sign (Manual). A sign that is designed so that characters, letters, or illustrations can be manually changed or arranged without altering the face or the surface of the sign. See illustration Appendix.

J.  Commercial Message. Words, symbols, logos, pictures or any combination thereof that identify or which direct attention to a business, commodity, service or entertainment sold or offered for sale or a fee.

K.  Direct Light or Illumination. Light emitting from a source within or affixed to the sign face, and beaming outward from it.

L.  DOT Official Business Directional Sign. A sign erected and maintained by the state or an entity authorized by the state to indicate to the traveling public the route and distance to public accommodations or commercial services for the traveling public.

M.  Double Faced Sign. A sign which has two display areas back to back, where one face is designed to be seen from one direction and the other face from another direction. In this instance only one face is considered in computing square footage. See illustration Appendix.

N.  Erect. To build, construct, attach, hang, place, suspend, or affix and shall include the painting of wall signs.

O.  Façade. The exterior wall(s) of a building facing a public street or the exterior wall of a building on which a wall sign is placed. In the DC and DT District, the “ground floor façade” includes all façade area within twelve (12) feet vertically from grade level. For multi-tenant buildings, determination of façade area for each establishment shall be approved by the Building Inspector.

P.  Flashing Sign. A sign, the illumination of which is not kept constant in intensity at all times when in use, and which exhibits marked changes in lighting effects. This shall include signs containing animated, blinking, flashing, intermittent, traveling, and fluctuating lights, or which utilize liquid crystal display (LCD), plasma, video, or similar display, including arrangements that spell messages, simulate motion or form various symbols or images. A changeable copy sign that changes its message no more than one time per minute, shall not be considered a flashing sign.

Freestanding Sign. A monument or pole sign; a sign that is not painted on, attached, applied, or affixed to a building.

Q.  Illuminated Sign. A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.

R.  Indirect Light or Illumination. Light reflected from a separate outside source aimed toward it, including silhouettes on a background or reflected light.

S.  Intermittent Light. Any flashing, traveling, animated, blinking, or fluctuating light, liquid crystal display (LCD), plasma, video, or similar display, including arrangements that spell messages, simulate motion or form various symbols or images.

T.  Legible. A sign or message is "legible" when it can be understood by a person with an eighth-grade education (or more). Where this Article requires a determination of "visibility" or "legibility," the standard shall be based on the eyesight of an adult eligible to receive an Alabama driver's license (wearing any corrective lenses required by such license). Where the height of the person is material to the determination, the person shall be presumed to be more than five feet and less than 6 feet tall.

U.  Marquee Sign. A sign located on a canopy projection on the front of a building.

V.  Message Board/Reader Board. A portion of an on-premise sign containing general information or announcements of events or activities occurring at a business, institution or similar messagea message that may be changed manually without altering the face or surface of the sign, not to exceed 30% of the sign face.

W.  Monument Sign. A sign which is elevated two (2) feet or less, which is supported by structures or supports in or upon the ground and independent of support from any building. Also known as free standing or ground signs. See illustration Appendix.

X.  Multi-Business Sign. A single sign support that serves more than one business.

Y.  Neighborhood Sign. A free standing monument sign located at the principal entrance or entrances to a neighborhood.

Z.  Off-Premises Sign. A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered for sale at a location other than the premises on which the sign is located.

AA.  Permanent Sign. A sign structure which is, or was originally designed, constructed, and intended to be permanently affixed to a building, structure or to the ground.

BB.  Person. Any person, firm partnership, association, corporation, company or organization, singular or plural, of any kind.

CC.  Political sign. Signs identifying or urging voter support for a particular election issue, political party, or candidate for public office. These signs shall be removed within forty-eight (48) hours of the election to which they pertain. Section 3.0. See illustration Appendix.

DD.  Portable Sign. A sign that is designed to be transported, including but not limited to signs: with wheels removed; with chassis or support constructed without wheels; designed to be transported by trailer or wheels; an "A" or "T" frame sign attached temporarily or permanently to the ground, structure, or other signs; that is mounted on a vehicle for advertising purposes, parked, and visible from the public right-of-way, except signs identifying the related business when the vehicle is being used in the normal day-to-day operations of that business; searchlight stands; hot-air or gas-filled balloons, or umbrellas used for advertising; flags which depict advertising; and banners.

EE.  Premises. A lot or tract of land upon which sign is located or is to be located.

FF.  Projecting Sign. Any sign, other than a wall sign or hanging sign, affixed to any building or wall whose leading edge extends beyond such building or wall, or in some cases may be suspended from above as from a sidewalk canopy. See illustration Appendix.

GG. Public Information/Public Interest Signs. A permanent sign, illuminated or non-illuminated, erected on public property and maintained by the City for dissemination of general information and matters of public interest.

HH.  Shopping Center Sign. A permanent, on premise sign, illuminated or non-illuminated, that identifies the name of a shopping center development, and may include tenant identification. For purposes of this definition a shopping center shall:

II.  Have at least four hundred (400) feet of public road frontage (frontage may include out parcels);

1.  Be located on a lot with a minimum size of five (5) acres (acreage not including out parcels);
2.  Have shared parking or driveways with all uses on site (access must include out parcels);
3.  Have over ten (10) retail spaces (retail spaces not including out parcels), and have one management authority (management could include out parcels). Such signs may also be subject to approval of a Master Signage Plan as set out in Section 2527.0. See illustration Appendix.

JJ.  Sight Triangle. A triangular area established at the intersection of two a streets or awith another street, alley or and a driveway where clear sight distance is maintained for motorists. In the case of two intersecting streets having a total of two lanes ( a single lane in each direction), the sight triangle is formed by connecting two legs extending seventy-five (75) feet from the center of an intersection along the center line of the street rights-of-way. In the case of an alley, driveway, or other channel for vehicle entrance or exit, intersecting a street, each leg of the triangle shall be fifteen (15) feet along the street right-of-way and driveway edge. Roads with multiple lanes may require additional sight distance. This shall be determined by the Engineering and Inspections Department. See illustration Appendix.

KK.  Sign. A name, identification, image, description, display or illustration which is affixed to, painted on, or represented directly or indirectly upon a building, structure, or piece of land, and which directs attention to any object, product, place, activity, facility, service, event, attraction, person, institution, organization or business and which is visible from any street, right-of-way, sidewalk, alley, park or other public property together with any and all poles, beams, columns, posts, and foundations which offer structural support, and any ornamental attachments. Customary displays of merchandise or objects and material without lettering placed behind a store window are not considered signs or parts of signs.

LL.  Sign Area. The surface area of a sign shall be computed as including the entire area within a regular geometric form or combinations of regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. Structural frames and members not bearing advertising matter shall not be included in computation of surface area. On a two-sided sign, only one face is counted in computing sign area. For signs with three or more faces, all faces will be calculated cumulatively. See illustration Appendix.

MM. Sign Face. That part of a sign that is or can be used for advertising purposes. See illustration Appendix.

NN.  Sign Height. The height of a freestanding sign shall be computed as the distance from the base of the sign at the finished grade of the site upon which the sign is located to the top of the highest attached component of the sign. For the purposes of this measurement, finished grade shall be construed to be the established grade after sign construction exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.

OO. Sign Maintenance/Repair. Any cleaning, touch-up painting, poster panel replacements on billboards, or bulb replacement, which does not alter the basic design, structure. size or electrical service to the sign is exempt from permit. See Section 7.0D. Any maintenance or repair to improve the structural integrity of the sign must be permitted and design drawings submitted, if applicable. Sign maintenance which involves repainting the entire sign face, or making any changes to the content of the sign face, must be permitted.

PP.  Streamers. Fringe, strips, or flags commonly attached to a cord and strung between two or more points. Streamers are not considered signs unless they contain wording, trademarks, or emblems in which case they are treated as banners. See Section 2426.0 illustration Appendix.